USED Plans New Civil Rights Enforcement Disparate Impact Rules

In its Semi-Annual Regulatory Agenda updated earlier this month, the U.S. Department of Education (USED) stated it would issue a number of rules aimed at walking back prior civil rights requirements and aligning program enforcement with the President’s priorities. For example, USED stated that as soon as this fall it would issue a rule outlining a process for withholding federal funds from schools that are found to be in violation of federal civil rights laws including Title VI of the Civil Rights Act and Title IX of the Education Amendments of 1972.  The administration has leaned heavily on these two laws when threatening to withhold funding from K-12 school districts and colleges. The new regulations would focus on “streamlining” the process of cutting off access to federal funds where entities “intentionally violate Federal civil rights laws and refuse to voluntarily come into compliance.”

Additionally, the administration has suggested it will remove longstanding regulations promulgated under Title VI which note that discrimination can occur where policies are neutral on their face but have a disparate impact on individuals.  Instead, the new regulations will require intent to be demonstrated to prove illegal discrimination.  The rescission will likely impact the Methods of Administration requirements for career and technical education grantees as well, as those are part of the Title VI regulations proposed for elimination.